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02-24-1987 CCM1 MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 24, 1987 1. The meeting was called to order by Mayor Ackland at 7:30 P.M. The follow- ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar- lin Torgerson, Alderman Pat Mikulecky and Mayor Paul L. Ackland. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe, and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Darrel Thalmann. 3. MINUTES The minutes of the regular meeting of February 10, 1987, special meeting/ workshops of February 11, 1987 and February 18, 1987, and bid openings of February 12, 1987 and February 17, 1987 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT - JANUARY 1987 2. PLANNING COMMISSION MINUTES DATED JANUARY 20, 1987 (b) USE OF LIBRARY SQUARE ON MARCH 12, 1987 BY GIRL SCOUTS (c) GAMBLING DEVICES LICENSE FOR HUTCHINSON JAYCEES AT O'TOOLE'S AND SPANKY'S (d) RENEWAL OF CLUB AND WINE LICENSES: 1. CLUB LICENSE - AMERICAN LEGION CROW RIVER COUNTRY CLUB ELKS V.F.W. 2. WINE LICENSE - COUNTRY KITCHEN The motion was made by Alderman Torgerson, seconded by Alderman Miku- lecky, to order the minutes and report filed and approve the use of Library Square and issuance of licenses. Motion unanimously carried. 5. PUBLIC HEARING - 8:00 P.M. None. 6. COMMUNICATIONS, REQUESTS AND PETITIONS (a) CONSIDERATION OF REQUEST FOR TWO TEMPORARY MODULAR OFFICES AT HUTCHINSON TECHNOLOGY INCORPORATED 1 CITY COUNCIL MINUTES - FEBRUARY 24, 1987 Following discussion, Alderman Mlinar moved to approve the temporary modular offices on a one-year basis. Motion seconded by Alderman Carls and unanimously carried. 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 8461 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION Alderman Mlinar moved to waive reading and adopt Resolution No. 8461. Motion seconded by Alderman Torgerson and carried unanimously. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF AWARDING CONTRACT FOR FINANCIAL CONSULTANT (DEFERRED FEBRUARY 10, 1987) Following discussion, the motion was made by Alderman Mlinar to enter into a contract with Ehlers & Associates. Motion seconded by Alderman Torgerson and unanimously carried. (b) CONSIDERATION OF POLICY ON GIFTS (DEFERRED JANUARY 27, 1987) After discussion, Alderman Carls moved to defer to the March 10, 1987 Council meeting. Motion seconded by Alderman Mlinar and unanimously carried. (c) CONSIDERATION OF AWARDING BID FOR TRANSIT BUS (DEFERRED FEB. 17, 1987) The motion was made by Alderman Carls, seconded by Alderman Torgerson, to award the bid to Minnesota Body & Equipment Co. in the amount of $36,531. Motion carried unanimously. (d) CONSIDERATION OF PRELIMINARY AWARD FOR CONTRACT ON WASTEWATER TREATMENT FACILITIES AND SANITARY SEWER IMPROVEMENTS (DEFERRED FEBRUARY 12, 1987) Mr. Jim Miller of Donohue & Associates reported on the bids received for the wastewater treatment plant. It was his recommendation to ac- cept the bids of Robert L. Carr Co. for the wastewater treatment facil- ities in the amount of $10,213,000 and Arcon Construction Co. for the sanitary sewer improvements in the amount of $911,746.96. It was pointed out that Arcon Construction Co. still owed the City money from a previous contract. The City Attorney's legal opinion was that the outstanding bill would not prevent the City from awarding the contract for the sanitary sewer improvements since it was unrelated to the present project. The City could sue for judgment or come to a mutual agreement with Arcon to collect the outstanding amount. Following discussion, the motion was made by Alderman Torgerson to award the two contracts to the two companies involved on condition of r' CITY COUNCIL MINUTES - FEBRUARY 24, 1987 the concurrence that the MPCA and the City receive its pending federal grant. Motion seconded by Alderman Mlinar and unanimously carried. Mr. Miller presented a sewer pipe material comparison chart and re- viewed the differential in cost between the recommended ductile iron pipe and plastic pipe. After discussion, Mayor Ackland stated the City would accept Donohue's recommendation to install ductile iron pipe. Alderman Torgerson moved to waive reading and adopt Resolution No. 8467. Motion seconded by Alderman Carls and carried unanimously. 9. NEW BUSINESS (a) CONSIDERATION OF DELINQUENT WATER AND SEWER ACCOUNTS Mrs. Russell Rasco, 646 Second Avenue S.E., stated she was not respon- sible for a portion of the unpaid bill for a shared water heater con- nected to their meter. The other party had moved away and left an un- paid bill. It was noted there was a promise to pay by March 16 by the second party. Following discussion, Alderman Torgerson moved to authorize discontinu- ation of service on March 2 at noon unless prior arrangements had been made. Motion seconded by Alderman Mikulecky and unanimously carried. (b) CONSIDERATION OF AWARDING BID FOR FIREWOOD PROPOSAL OPENED FEBRUARY 20 After discussion, Alderman Carls moved to approve awarding the bid for firewood to Duane Otto for $300. Motion seconded by Alderman Torgerson and carried unanimously. (c) CONSIDERATION OF RECOMMENDATION BY PARKS & RECREATION BOARD AND TREE BOARD FOR LIBRARY SQUARE RENOVATION Mr. Jerry Brown, Chairman of the Tree Board, reported on the proposed renovation plan for removal and replacement of trees in Library Square over a period of years. There was the possibility that the AAL might donate funds toward the project. Following discussion, the motion was made by Alderman Torgerson to recommend approval of the first stage of renovation and for the Tree Board to come back with a report of whatever funds that could be ap- propriated from AAL and proceed from there. Motion seconded by Alder- man Mikulecky and unanimously carried. (d) CONSIDERATION OF REIMBURSEMENT TO GENERAL FUND FROM WATER/SEWER FUND FOR 1986 EXPENSES After discussion, Alderman Mlinar moved to approve the reimbursement. Motion seconded by Alderman Carls and carried unanimously. 3 CITY COUNCIL MINUTES - FEBRUARY 24, 1987 (e) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY BRIAN HUDSON WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION Alderman Torgerson moved to approve the conditional use permit and to waive reading and adopt Resolution No. 8464. Motion seconded by Alder- man Carls and unanimously carried. (f) CONSIDERATION OF VARIANCE AND CONDITIONAL USE PERMIT SUBMITTED BY DON HANTGE, TRI -COUNTY WATER, WITH FAVORABLE RECOMMENDATION OF PLANNING COMMISSION The motion was made by Alderman Torgerson, seconded by Alderman Mlinar, to approve the variance and conditional use permit and to waive read- ings and adopt Resolutions No. 8462 and No. 8463. Motion unanimously carried. (g) CONSIDERATION OF APPLICATION OF REZONING REQUESTED BY F. H. SCHMELING WITHIN TWO MILE RADIUS Following discussion, Alderman Carls moved to refer to the County with no objection. Motion seconded by Alderman Mlinar and carried unani- mously. (h) CONSIDERATION OF APPROVAL FOR ADDITIONAL EXPENDITURE ON PURCHASE OF CARDWRITER SYSTEM FOR HUTCHINSON COMMUNITY HOSPITAL After discussion, Alderman Mlinar moved to approve the additional ex- penditure. Motion seconded by Alderman Carls and unanimously carried. (i) CONSIDERATION OF CONTRACT FOR CONCERT AT CIVIC ARENA ON MARCH 26, 1987 Following discussion of the concert and contract, the motion was made by Alderman Torgerson to approve the concert and enter into a contract. Motion seconded by Alderman Mlinar and carried unanimously. (j) CONSIDERATION OF AUTHORIZATION TO PURCHASE COMPUTER EQUIPMENT After discussion, Alderman Carls moved to approve the purchase of com- puter equipment. Motion seconded by Alderman Torgerson and carried unanimously. (k) CONSIDERATION OF EXECUTING AGREEMENT BETWEEN 3M AND CITY OF HUTCHINSON FOR FORCE MAIN EASEMENTS Following discussion, Alderman Torgerson moved to approve and enter into an agreement with 3M. Motion seconded by Alderman Mikulecky and unanimously carried. (1) CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS FOR 1987 IMPROVEMENT PROJECTS AND ADVERTISING FOR BIDS 4 CITY COUNCIL MINUTES - FEBRUARY 24, 1987 After discussion, Alderman Torgerson moved to approve the plans and specifications, to open bids March 24, 1987 at 2:00 P.M., and to waive readings and adopt Resolutions No. 8465 and No. 8466. Motion seconded by Alderman Mlinar and carried unanimously. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CITY ADMINISTRATOR City Administrator Plotz requested a report from City Attorney Ander- son concerning force main easements. Attorney Anderson stated the Le- Fevere law firm had signed easements for the Treinen property, Goebel property, and 3M property and a purchase agreement for the Potter prop- erty. The Rasmussen and McKim properties still needed to be cleared up. The remaining easements will be acted upon at a March Council meeting. Mr. Plotz stated the County Auditor had informed him the City of Champ- lin might have used voting machines available for $100 per machine. He requested authorization for City staff to examine the machines. Fol- lowing discussion, Alderman Carls moved to authorize staff to travel and inspect the voting machines and purchase up to eight if determined suitable. Motion seconded by Alderman Torgerson and carried unani- mously. (b) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON Alderman Torgerson commented on a complaint regarding property at 226 Erie Street. It was the consensus of the Council to refer the matter to the Police Department for enforcement of City ordinance. (c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY Alderman Mikulecky stated a resident in the State Theater apartments had inquired where they could park their cars over night since there was a time restriction in the parking lots. It was suggested they park on Hassan or make arrangements with the Police Department. The City Administrator was directed to contact the resident regarding this issue. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland reported he had been in contact with Attorney Dayle Nolan, and she recommended a closed meeting with the City Council and City Administrator at 5:30 P.M. on February 25, 1987 to discuss the threatened pending lawsuit. Alderman Torgerson moved to hold a special meeting at 5:30 P.M. on Wed- nesday, February 25, 1987 in the fire station. Motion seconded by Ald- erman Carls and carried unanimously. 1.1 CITY COUNCIL MINUTES - FEBRUARY 24, 1987 11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion was made by Alderman Mlinar, seconded by Alderman Torgerson, to approve and authorize payment from the appropriate funds. Motion unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 8:55 P.M. 2